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Yes. Under Pennsylvania law a shoplifting offense charged as a misdemeanor is considered criminal.
Here is the penalty break-down:
(1) Misdemeanor of the first degree, not less than $2,000 nor more than $10,000 and may be sentenced to imprisonment up to six months. (2) Misdemeanor of the second degree, not less than $1,000 nor more than $5,000 and may be sentenced to imprisonment up to six months. (3) Misdemeanor of the third degree, not less than $500 nor more than $2,500 and may be sentenced to imprisonment up to six months.
Generally, a criminal offense is anything that can result in incarceration.
From what I call (over 21 years ago), the state police never sent the information to their repository so would it show on a background check?
It's not uncommon for offense that old to slip through the cracks and not be on a record. That's because the procedures were more complicated back then and errors were often made. In addition, as clerk of court systems were updated, data was often lost.
So, while it should be on the record, I would not be surprised if it were not.
so based on the varying "degree' provided above, my offense was less than $20.00. That would even be excluded from the third degree offense. So how is thast classified?
The reference to the $ is for the fine, not the value of the property.
or would the doallar amount be the potential fines associated with each?
For $20, it's possible your offense was not charged as a misdemeanor, but as a summary offense.
A summary offense is for minor activity that is criminal in nature, but that goes on your record like a traffic ticket. It's not considered a felony or misdemeanor.
The light bulb just went on, I think. I believe it was considered a summary offense but all those years I thought it was a misdemeanor.
I thnik I'm good. I really appreciate your help and the information.
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